IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

2nd Cr. Bail Application No. S- 418 of 2023

Applicant:                                          Dilbar Ali Mari,

Through Mr. Muhammad Afzal Jagirani,  

Advocate,

Date of hearing:                               01-08-2023

Date of order:                                   01-08-2023

O R D E R

AMJAD ALI SAHITO, J:-   Through instant criminal bail application, the applicant Dilbar Ali seeks pre arrest bail in Crime No.39/2022, registered at Police Station  Market under sections489-F PPC.

2.         Per learned counsel, the applicant/accused is innocent and he has been falsely implicated in this case by the complainant; that infact only Rs.80,000/- are outstanding against the applicant but the complainant malafidely with alternate motive presented the cheque of Rs.10,0000/- in the Bank which was dishonoured on the ground of insufficient funds are available in the account. 

3.         From the perusal of record, it reflects that interim pre-arrest bail was granted to the applicant by learned III-Additional Sessions Judge, Larkana in 3rd Bail Application No.573 of 2022 and subsequently vide order dated 23.4.2022 the bail application of the applicant was dismissed and interim pre arrest bail granted to the applicant was recalled.  Being aggrieved the applicant filed pre arrest bail before this Court being Cr. B. A.No.S-292 of 2022, which was granted to applicant and the matter was adjourned for 27.6.2022, but the applicant was called absent and learned counsel for the applicant sought time to explain the failure of submission of bond. From the perusal of record it reveals in                  Cr. B.A.No.573 of 2022 it is noted that this is third bail application whish shows that he has no interest to appear before the trial court. Since on 27.6.2022 the applicant failed to appear before this Court and bail application was dismissed thereafter, he did not appear before the trial court to surrender which shows that there is no apprehension of arrest at the hands of police. Furthermore, there is outstanding amount against the applicant/accused and for which he has given cheque of Rs.10,0000/- to the complainant and when it was presented before the Bank it was dishonoured on account of insufficient funds which shows that applicant was aware that there is insufficient funds in the account despite that he issued the cheque which shows that he has committed cheating with the complainant. For grant of interim pre arrest bail it is essential requirements to show malafide on the part of complainant or police. In this case learned counsel for the applicant/accused has not pleaded any malafide or ill-will on the part of the complainant to believe that applicant has been implicated falsely in this case. Further the applicant is enjoying from 27.6.2022 and the police has not arrested him. Accordingly, applicant has failed to make out a case for pre-arrest bail. Resultantly, instant Criminal Bail Application is dismissed.

                                                                                                            J U D G E

S.Ashfaq